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Bulawayo High Court
Stewart Dhliwayo v Warman Zimbabwe (Pvt) Ltd & Ors
HB 12/22
Case Details
Court
Bulawayo High Court
Date
13 January 2022
Citation
HB 12/22
Neutral Citation
[2022] ZWHB 12
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Civil ProcedureCompany Law
Keywords
rescissiondefault judgmentperemptionacquiescenceindigenization
Tags
rescission of judgmentcompany lawindigenizationdefault judgment
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant acquiesced to the default judgment by voluntarily handing over company control","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant attended meeting and handed over assets after judgment"}
- {"issue_text":"Whether 2nd and 3rd respondents properly opposed the application","issue_type":"procedural","dispositive":"no","related_facts":"Deponent's authority challenged"}
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background
Facts of the Case
Background
The applicant, former employee and secretary of 1st respondent, sought rescission of a default judgment granted against him in HC 2693/15. The judgment had set aside his unauthorized indigenization of the company. After the default judgment, applicant voluntarily handed over company assets and control to respondents, which the court found constituted acquiescence.
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